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Can an executor change a Will in NSW? No, they cannot change the terms of a Will on their own. Their role is to carry out the deceased’s wishes as written. However, there are limited circumstances where the distribution of an estate may differ from the will’s wording. These include Deeds of Family Arrangement, court-ordered

Yes, in NSW, you can challenge a Will or contest a Will after probate, but the process depends on the type of claim and the timing. Whether you’re making a family provision claim or disputing the will’s validity, acting quickly and understanding your rights is critical. It is important to understand the difference between contesting

Understanding Will Contests and Disputes in New South Wales In New South Wales, a will-maker (otherwise known as a ‘testator’) has testamentary freedom to leave their estate to any one or more beneficiaries of their choosing. However, under the Succession Act 2006 (NSW) an eligible person who believes they were not left adequate provision in a

If you believe you may receive an inheritance in the future and want to safeguard it from your spouse in the event of a separation or divorce, proactive planning and an understanding of family law and inheritance laws is crucial. As inheritance is not a protected asset, strategies such as receiving the inheritance in a

Probate confirms a Will and authorises the executor to administer the estate. Many people ask how long does it take to get inheritance money in Australia or how long does a Will take to settle. In NSW, the grant is usually processed within weeks, though exact timing depends on the Court’s workload.  Executors generally wait

De facto partners have the right to contest a will if they believe the deceased has left inadequate provision for them. Empower Wills and Estate Lawyers can guide de facto spouses through the process of making a family provision claim in New South Wales (NSW). What does “De Facto” mean in NSW? For the purposes of a

Probate & Administration in New South Wales In New South Wales, when a person dies, the executor named in the will is entitled to apply for probate and administer the estate. Where there is no executor willing and able to act as executor (i.e., if they have predeceased the testator) or where the deceased died

When is probate required in NSW? This depends on the type and value of assets. When someone dies, the person named as executor in the deceased’s will has the right to apply to the Supreme Court of NSW for a grant of probate, which, if granted, will give that person the power to administer and

What is an executor? The executor is a person who is named as executor in a will and who, upon the death of the will-maker, has the right to administer and distribute the deceased’s estate in accordance with the deceased’s will. While some activities can be attended to before probate, the person appointed as executor

In NSW, the distribution of a deceased estate follows a clear legal process to ensure assets are passed to the rightful beneficiaries. The executor named in the will is responsible for collecting assets, paying debts, and distributing what remains according to the will’s terms. If the person dies without a valid will, the estate is

In NSW, a parent can choose to leave a child out of their will, but doing so carries legal risks. Disinheriting a child means they are excluded from receiving any inheritance under your will. However, even if a child is excluded, they may still have the right to make a family provision claim under the

Many people in NSW hold misconceptions about wills and probate, leading to confusion during estate planning or estate administration. Some believe that having a will avoids all disputes, while others assume probate is always required. In reality, the process depends on the type of assets, the estate’s value, and the will’s validity. This guide aims

Contesting a will in NSW is a legal process that allows eligible people to claim a larger share of an estate if they believe they were unfairly treated.  However, the process of contesting a will is often misunderstood, with many myths and misconceptions about wills circulating in public discourse. This guide by Empower Wills &

The time it takes to obtain probate in NSW depends on several factors, including court processing times, the accuracy of the application, and whether any issues arise. Generally, once filed with the Supreme Court of New South Wales, probate applications are processed within four to eight weeks if there are no requisitions or disputes. Executors

Making a will in NSW ensures your assets are distributed according to your wishes after your death. A will provides clear instructions for your executor, reduces family disputes, and helps avoid delays in administering your estate. Under NSW law, a will must be in writing, signed, and witnessed correctly to be legally valid. The will-maker,

What Is Your Role as an Executor of a Will in NSW? Your role as an executor is to carry out the wishes of the deceased by administering and distributing the estate in accordance with the terms of the deceased’s will.  An executor obtains the power to administer an estate through a grant of probate.